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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Care law - If care workers have faked records in care logs,

Customer Question

Care law -
If care workers have faked records in care logs, is this fraud? What can be done, is this enough to dismiss them for gross misconduct, or will they just get training?
It is purposeful lying. Care workers faked that they did some rehabilitation activities that they never did. One record, the whole day of activity is pretty much faked. they said they did various things with the client but basically just sat there all day for nine hours pleasing themselves and doing nothing but going on their phones and tablets.
Faked records are happening every day, for most rehab activities. They are also faking that they asked the client his choice on his choice board, but they never gave him any choices or got consent for anything. The client has been assessed as having no capacity, but according to the MCA, he should still be asked, they must attempt this right?
What recourse is there if they have deliberately faked care records? Is there a chance that they could just plead ignorance, i.e. "I must have got it wrong that day".
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Customer:

Hello my name is ***** ***** I am happy to help you today. Deliberately faked records would always be deemed to amount to gross misconduct. If the employee stood to benefit from this then it would be appropriate for the employer to label it as fraud. If there are mitigating circumstances then the employer should take them into account when determining what action to take against the employee but the normal sanction in these circumstances would be dismissal.

Customer:

Has this answered your question? if you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

JACUSTOMER-pvv2tjn5- :

Thank youCustomer This is what I thought. Is there any way though that they could say this is a training issue? Reason I ask is because these carers seem to get away with anything and the solicitor won't sack them. Think he doesn't want the hassle of finding new staff.

JACUSTOMER-pvv2tjn5- :

Some records are deliberately faked, i.e. it never happened. Some are less obvious. Like for example saying the client chose to do something, when they didn't chose, it just happened to them. Or doing therapy incorrectly and faking the results, i.e. doing some speech work for 1 minute without direction and then recording 10 minutes and results that never occurred.

JACUSTOMER-pvv2tjn5- :

I really hope there is no getting out of it, as they are just lying all the time. What recourse would there be against the employer if they fail to sack them even though there is solid evidence they faked records?

Customer:

what is you interest in this? Why do you want them sacked?

JACUSTOMER-pvv2tjn5- :

These carers are providing very poor care for my ex-partner, in my home. I have to witness it everyday. Then they fake the care records to make it look like they are doing everything they should be doing, when they are in fact neglecting him and he has declined. I want them sacked so that he can get new care staff that will not neglect him or lie on the records.

JACUSTOMER-pvv2tjn5- :

Are you able to answer my previous question on the employer please?

Customer:

Ok thanks I just wanted to know by way of background.

Customer:

You cannot force the employer to dismiss the staff. If you have concerns that the care standards are inappropriate then you should raise these concerns with your local authority. They will, no doubt, take your concerns seriously.

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